도로교통법위반(음주측정거부)등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
1. Violation of the Road Traffic Act (Refusal to measure noise) is the driver of the two-wheeled vehicle who is not reported by the 49CC.
On September 27, 2018, the Defendant received a traffic accident report at C Hospital Emergency Office B located in Young-gun, Young-gun, Yongnam-gun on September 27, 2018, and received a request to respond to the measurement of alcohol in a manner of inserting the breath in a breath of the Yeongdeungpo Police Station D District Unit E of the Young-gu Police Station, where he was called, by making a red light, glusing the breath, and smelling the breath of the breath, and making it possible for the Defendant to be deemed to have driven under the influence of alcohol.
Nevertheless, the Defendant explicitly expressed his intention to refuse to take a drinking test without justifiable grounds, thereby failing to comply with the request for a drinking test by a police officer.
2. On September 27, 2018, the Defendant driven a 49CC motorcycle without a license plate at approximately 2 km section from the front side of the former Young-gun Ftel to the front side of the H in G located in G, an accident place, without a motorcycle driver’s license, on September 27, 2018.
3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a two-wheeled automobile on the road without having subscribed to the mandatory insurance on automobiles at the same time and place as the foregoing paragraph (2).
Summary of Evidence
1. Partial statement of the defendant;
1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;
1. Registers of driver's licenses;
1. Inquiry into mandatory insurance;
1. Report on internal investigation (related to refusal to measure alcoholic beverages);
1. CD 재생시청 결과 CD 재생시청 결과 등 이 법원이 적법하게 채택하여 조사한 증거들에 의하면, 경찰관의 음주측정 요구 당시 피고인은 술에 취한 상태에서 차량을 운전하였다고 인정할만한 상태에 있었던 사실, 그런데도 피고인은 ‘니미 씨발 아퍼 죽겄는디, 니미 씨발 뭘 한다고’, ‘ 하던가 말던가’, ‘아퍼 죽겄소, 좀 있다 해’,'아 좀 있다
J. C. H. H.C.